Bawinanga Aboriginal Corporation

[2017] FWCA 6886

[2017] FWCA 6886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bawinanga Aboriginal Corporation
(AG2017/2060)

BAWINANGA ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 DECEMBER 2017

Application for approval of the Bawinanga Aboriginal Corporation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bawinanga Aboriginal Corporation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bawinanga Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 19 December 2021.

COMMISSIONER

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Annexure A